United States of America, Libelant-Appellee v. Detroit Vital Foods, Inc., Claimant-Appellant

McALLISTER, Senior Circuit Judge.

The government filed a Libel of Information under the Federal Food, Drug and Cosmetic Act (21 U.S.C.A. § 301 et seq.), alleging that articles in the possession of Detroit Vital Foods, Inc., and known as “Michigan Brand Korleen Tablets” and “Lelord Kordel’s ‘Frutex’ Fruit Salad and Vital Foods * * * ‘Frutex’ Fruit Salad” were drugs which were misbranded while held for sale after shipment in-interstate commerce.

The Libel alleged that the drugs were misbranded in that the labeling contained false and misleading representations that the drugs were an adequate and…